tv Countdown to the Closing Bell FOX Business July 19, 2013 3:00pm-4:01pm EDT
quarter? we'll ask thousand they plan to reinvigorate the health. it's a fox business exclusive. no one's feeling the heat more than some of the nation's power companies as they strain to keep up with demand, but one startup has the solution that could save us from the unthinkable. a major summertime blackout, "countdown to the closing bell" starts right now. ♪ cheryl: hello, i'm cheryl casone, last hour of trading, and you can bet everyone on wall street is closely watching someone known for making big and usually highly profitable trades, billionaire steve cohen, the man who started sac capital has just been charged by the fcc with failing to supervise two senior employees and prevent insider trading. cohen has almost rock-star like
status among hedge funds for exceptionally high returns. senior fox business correspondent has be watching this investigation. he has been reporting on this investigation. he called us back on july 10th. listen to what he had to say right here on "countdown to the closing bell." >> what we reported is he's probably not going to get a criminal case, but the civil case could be bad. from what i understand, my sources close to the commission, tell me this, that they are modeling a potential case against steve cohen based on the case against corzine. that's failure to supervise. cheryl: all right. again, charlie has been all over the story. he, in fact, just was on fox business on "markets now" two days ago saying the exact same thing, that basically that you would see this type of charge, this fcc charge on steve cohen, failure to supervise. we'll get into this with charlie because he told me two days ago
on "markets now" that this is the best last way, and the best chance that the fcc has basically to get steve cohen, get him on something. now, here's the issue. can they prove this? this is a tough thing to charge. basically, he was not running the shop. supervising children, if you will, but charlie, again, sitting down next to me now, again, telling us over and over on fox business this was going to happen, and this is the last day basically this could have happened because it was about to run out of the chances, and the time frame in which they could have filed these charges against steve cohen and sac capital. he's got the microphone on, next to me, hope you are ready to roll because you are on it, charlie, and you, again, called this. >> june 10th we called it that they were focusing on a failure to supervise charge. i'm not going to tell you who told me this, but what was interesting is that this came right after the john corzine case, and what this is modeled is the case after jon corzine.
you vus have to show there's bad stuff around you, and you did not take appropriate steps to stop the bad stuff. they will probably seek a bar from the business. listen, steve cohen is one, on paper, one the greatest traders, investors of all time. i believe his career as a public trader is coming to an end. cheryl: really? >> i think it's over. cheryl: they have to prove the case. >> and they'll -- cheryl: people are charged and proven p innocent. >> they'll not -- not -- actually, that's not true. many people in courts of law, where the evidence, the bar is what you call, a high bar for proof, this is preponderance of evidence, it's a civil case. just win 5 # 1 #-49, and that's the case they will bring against corzine. that's the case against another before an administrative court, just win 51-49. they don't have to prove beyond a shadow of a doubt that you prove generally in a criminal case. this is a 51-49.
listen, are there cases where the fcc loses? of course, but their record is good, and they'll seek a bar. also, this does not preclude criminal charges. it's unlikely that he personally will be charged criminally with any of the trades involving matthew, the guy indicted. that's -- those are the trades that he had ccnversations with with matthew before they made the trades. unless he flips, he's not charged in that, but there's avenues open, grand exits, the sub district said it, do a case, indict the firm. this is the beginning of the end of sac, and, you know, listen, maybe it's a family office, but i think this is the beginning of what you'll see is -- are charges, both civil now, and possibly criminal at some point against his firm. he claims his innocence, says he's -- he's not claiming, but
says he's innocent, fighting charges, got the best lawyers known to mankind, but i'm telling you, you know, we, we spoke to jack earlier, he says if anybody would win, it could be him because of the great lawyers, but we asked, you know, how many times would the fcc lose on civil administrative case, and it's rare. cheryl: i have five questions, but i'll keep them short. >> go ahead. cheryl: how hard is it to prove? it's not insider trading or fraud. failure to supervise, how tough is it to prove -- >> easy. cheryl: really? >> when you have -- i think it'll be easy. when you have as much stuff -- i'm not saying he's guilty r anything, but when you have as much of the bad stuff going around you, i mean, there's people that have been indicted, martoma, steinberg, cooperators that cooperated in lieu of being indicted and charged. you have that much stuff around you, it's laid out. i think, particularly on the
martoma case, i think a jury will say, where was the compliance? you spoke with martoma on this occasion, what did he say, what did he tell you? we'll find out when cohen is put on the stand, which i'm sure they'll ask him, you know, you know, and, you know, what did you say during these conversations with martoma? actually, if he doesn't take the stand in his defense, that'll be an indication, you know what i'm saying? this is going to open up a human can of worms for him, and, you know, we'll find out, like, why he didn't ask martoma. let's say, you know, martoma comes to you to reverse an 800 million position, and you say, what's your competence level? he says, 100%. isn't there the fuel question -- follow-up question? cheryl: this is obviously civil so talking fines or bar from
trading. you mentioned criminal. >> there's st the u.s. attorney laid it out against the company, and we've talk about this, first at fox business to report this, there's poacialght for the reco case. when you bring charges against the company, maybe charge him, i have no idea. the -- from what i understand, i'm not a lawyer, we have to talk to jack about this because he's articulate, you know, in laying this stuff out. you know, the statutes of limitations gets -- it's not as onerous, you know? i will say this, the one reporter who calledded this, the exact date, is a woman at blackberg. bloomberg. she said today, she goes, you know, friday is the day the statute of limitations -- cheryl: it's friday afternoon. >> amazing. i thought all day, well, maybe, you know, maybe there's charges today, and i thought of getting out early -- cheryl: thank god you didn't leave. >> meet my friend in
westchester, and then all the sudden -- cheryl: thank god you're here. if you don't follow charlie op twitter, follow him on twitter and the book. there's a book. >> don't take offense if i get nasty with people. cheryl: no, no. >> i never throw the first punch. cheryl: your book "circle of friends. " >> which lays it out why they go after him. i left a question mark at the end. it's not fully dropped yet. more in the coming days. cheryl: you called it over and over, and thank you for not leaving. charlie, again, the lead reporter on this story. technology earnings today, huge drag on the markets, nicole, what's happening with microsoft? a rough day for the guys. >> let's look at names here that are moving based on what they told us, based on the latest earns. there's microsoft, down 12%, 12%. that's huge.
it's shaving 32 negative dow appointments off the dow. they have stuck with the surface tablets, not doing well for them, and people are confused about microsoft 8, trying to make it friendly, and google right now down 1.6% at 895, traded as low as 875 today, but what's interesting with google is that their ads per click went down. the other thing worth noting is the operating margin dropped 33% year over year, and, now, they are moving to change the advertising system for the mobile users, but that -- those margins are are not going to be what it was as an original search end gin. >> nicole, thank you very much. looking at google, microsoft, watching the socks, and the pressure on them, let's go to the floor show now with traders standing by. new york stock exchange, and let's begin with keith at the floor of the new york stock exchange. nicole a talked about microsoft, a big reason. if we didn't have the problem today, keith, this could have been a fairly positive market,
and, again, we are closing out the week on a positive note. >> yeah, indeed, that's right, cheryl. it's a placid market, nothing going on economically, and there's no noises coming out of the fed, which has been gyrating the market over the last couple months, but you're absolutely right. the tech sector week, and they didn't disappoint in that regard, earn week. thank god we have good performance out of the financial sector, which is still 50% of the s&p 500, so that's keeping stocks aloft with a down day in the tech sector. cheryl: scott, you know, we heard from fed chief ben bernanke wednesday and thursday for the annual testimony playing havoc, not just on the dollar, but on commodities overall. one piece of the pie you followed this week? >> well, two things we looked at. number one, in this financial room, we are going to wait and see if the guys, the ten-year treasuries, if they pressure the fed to get rates higher. what we worry about going
forward is we see the ten-year rate at 275, it's back down to 245 or 250, but whether or not we start to see a selloff in the bonds, even when the fed tries to accommodate is the issue. we saw a breather today, but i think that's what the guys are talking about, and the commodities sector, oil, i mean, that is on a precipice here. anymore scares could jump it up three or four bucks. if not, down to 95 pretty quick. cheryl: down to jeff because pick up what scott talked about here. again, oil, the last three sessions, at least, we've been in a tighter trading range. what, you know, one headline from egypt, and that could change. i mean, how do you feel going into the weekend with your positions on oil? >> well, again, as you said, a news driven market like this is susceptible to the upside here, and any sort of scare could, you knoo, give us a quick blip to the upside. truth is looking at it from a basic fundamental standpoint, the market outperformed anything
envisioned for the inventories we have. the market has to settle back in the next couple sessions here, test around the 105.5 area, and more likely, test down down a hundred dollars before it makes a serious move up here. cheryl: jeff, why would the contract do that? at this point, we have, frankly, geopolitically, anyway, the last couple days are quiet. regarding ben bernanke, you got the collar story out there, i mean, what's a catalyst to go back and test a hundred or 105 on oil? >> the inventory figures are key, of course, but always check. what helped the market out aside the news from the middle east and stock markets showing resilience here, what was -- was the fact that, you know, again, the invenn story figures gave you a boost here, and you look now and look at the technicals, you still have a market that should really sell off here. again, markets are not going no a straight line here, and, again, they are strong, able to be bought on dips issue and i'm not arguing the point, but,
again, markets like this run out of gas as the user term here after a little bit, and i think we have no choice but here to settle back before we make a move back up. cheryl: all right, thanks, gentlemen, to all of you for joining us on the floor show today. not a sleepy summer friday, but a news driven friday. thank you, gentlemen, appreciate it. from the topic of oil to talking about the motor city. a judge this hour is trying to put the brakes on the largest municipal bankruptcy filing in the nation's history. detroit might owe some $20 billion more than it can pay, but can the governor simply declare bankruptcy, which he has done. jeff flock has more from detroit. you spoke with the governor, spoken with all the leaders at play here. jeff, your thoughts? >> well, it's the person of the hour at this hour is that judge in engram county, a state judge who says the governor does not have the constitutional authority to declare bankruptcy because it could hurt state pensions that violates the constitution. does she have the authority to
do so? multiple bankruptcy attorneys we consulted say they don't they she does, but we learned at this hour the state attorney general is appealing her ruling, that is probably best of governor snyder, appealing her ruling to a higher court, to the appeals court. see where that goes. we were cautioning that this is going to a mess going forward. everyone tries to litigate this, but when bankruptcy is filed, no more litigation. why was bankruptcy filedded? talked to the emergency city manager appointed by the governor, and he said, listen, we're just out of money. as you outlined at the outset, cheryl, they've got a whole lot more debt than they'll ever have in revenue. listen to what he had to say. >> detroit's problems are so extensive and so long standing, and we can't raise taxes, for instance. i mean, the legal rate is 20. we're at 1.95 -- 19.95. there's nowhere else for us to go. >> fellow walked past on the street and said, "city ain't
broke, by the way," and when you do this, people suspect a lot of things, and that's what's happening in the city of detroit, but we'll certainly be watching as we go forward or doesn't go forward. cheryl: well, that's the right of any citizen, especially one living in detroit. they have a lot e requests -- lot of questions and deserve answers. >>ed good questions. cheryl: amazing reporting. closing bell, 45 minutes to go, and i'm looking at the iphone, 95, feels like 104 right now. what a scorchers. the northeast is getting baked, and utility companies feeling the heat, can they avoidda massive summer blackout? athena health taking a beating after a huge earnings miss. the company, thoughs says, quote, they are very pleased with the quarter. asking the ceo why investors have got it wrong here. that's a fox business exclusive coming up. ♪
the health chairman ceo and president says investors got it wrong. he is joining me now from watertown, massachusetts in a fox business exclusive, so wwat did we miss here in the earnings? because it seemed to us, again, it was a rough quarter for you, but you're saying that you're pleased with the results, so where are you finding satisfaction here? >> well, first of all, i'm fine with the stock going down from 115 to 1 # 10, cheryl. they all seem like fabulous numbers to me. the point is to build the national health information backbone, we're the only ones doing it, booking great new inflew enissue health systems, the third largest system booked in the country in the quarter, and while adding the largest number of doctors to the network in the quarter, while improving the performance of the doctors already on in the quarter. the fundamental underlying performance is exactly what i
dream it will be. that's most important to me. now, there's weird tax stuff associated with the recent acquisition and the ebb and flow of specific examine exam room busyness of the doctors we serve causing revenues to be up and down a little, but as a national network, the costs fixed, and as revenue bounces around, the profit bounces more. overall, the health is great. cheryl: make the case, what do you mean by "weird tax stuff," what's that mean? >> well, i think when you buy a company that's had revenues paid in advance, the rules are that you basically heavily discount revenues, although they have you pay the full tax on revenues so for a brief period of time, it looks like there's a revenue dip when you don't. look at the nongap or some of the analysts writeups, they talk you through the stuff going away, and when you peel that
back, you still have lightness, maybe if the revenue does not pick up by the end of the year, in terms of earnings and revenues, but overall, the trend line is that the company is growing plus or minus 30% a year organically. cheryl: talk about that. >> that keeps me happy. cheryl: the other side of the story, you're talking fundmentals of the company, fair enough, what you focus on and not worry about what wall street focuses on, fair enough, and analysts. >> bingo. cheryl cheer talking about the fund -- cheryl: talking about the fundamentals of the company, and we're in an environment, especially with obamacare, there's a lot of insurance companies, hospital chains, insurance companies, all telling us that the environment is uncertain, and now with the delay of the mandate, the individual mandate, with the delay of implementation of the law past 2014, they are scratching heads and scrambling. is it good for you? is that the on optimism? >> oh, cheryl, god bless you,
exactly. particularly that middle part of the sentence, the health system. these guys around the country are under enormous amounts of pressure now, about to get 18 million people operating at the lowest rates that they receive, and so they must reduce their costs of caring for patients if they squeak by. you already saw, for example, record numbers of mergers of hospitals during the course of these last years because hospitals can't make it, and they have having to kind of pool resources and save through merges, so the idea of going out and buying, you know, pre-athena enterprise software for tens of millions of dollars and your own i.t. department tries to make it work, and -- cheryl: i don't have much time, by cyber security, that's the number one concern right now of ceos in every business whether it's finance, health, you name it, they are all flipping out.
>> yep. >> maybe that's part of the concern with athena health. just guessing here, but that's a possibility. >> well, i mean, you're right cheryl, should be growing 50%, not 30% or 27 or 28, but i'm just going to cry in the milk and be happy with 30. that's right, security for a company like ours that consolidates so much information and taking care of it for people, our security standards have to be higher, only health care information company that is high trust certified. we're much more focused on certification and security than anybody who is a hospital system, but you're absolutely right. that's one of the major concerns when people get close to final izing a deal with us. nevertheless, we grow. we just added asession health systems, one of the most respected hospital systems in the united states at 20-some billion dollar system. cheryl: i'll get you a new tax accountability. i want you to know. >> bring it. or just less taxes, how about
that? cheryl: i wish. ceo and president, never boring talking to you. talk to you next quarter, john. >> thanks, cheryl. cheryl: closing bell ringing in 36 minutes from now. the company that calls itself the world's number one on line the nasdaq after theplosive ipo. we'll tell you whether it's a hot deal for investors. ♪ ♪ ♪
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>> 's this week every state in the country except alaska has temperatures topping 90 degrees in the heat waves putting huge strain utility companies without the power outages. one company has found a way for utilities to beat the heat. join now to explain. explain the idea, how can we use your technology to help power companies not have to going to blackout mode. >> problem has to do with a
surge associate with air-conditioning during the summer. what energy is able to do is store the energy for precisely this type of event. when the demand comes, it can come from battery we don't put it on the utilities. melissa: there have been issues like this over in europe. it is a global problem, worldwide problem. is that the market you see? are you into these markets already? >> energy storage is a global problem or a global solution i should say to a large number of problems. in the most recent announcement talked about seven major utility companies we are working with primarily on the outset of the states in europe to roll the solution. liz: talk about the battery itself and how it fits into the
energy, power management con ed and pg endy are about right now. >> right, it is the building block of a larger scale solution. those submodules get put in like lego blocks and neck are gated inside of shipping containers like the kind of thing you would see on the back of a truck. this thing could powee a house. we want to give large-scale units for the neighborhoods or buildings such as this. liz: what is the cost of this? >> ultimately these products should be available for average consumers to backup their houses, backup their businesses, provide precisely not just backup their businesses but reduce their power consumption, reduce the power of cost every day. if you have backup power, it kicks in when you need it.
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and start loving life again, today. liz: ge earnings pushing the stock to new highs. nicole petallides at the new york stock exchange, the opposite of microsoft. nicole: we have had winners and losers based on quarterly numbers. gev example of what has been a real surprise to wall street. $24.78. we also have a longer-term charts because this puts us back to the 2008 levels for general electric. the good news is they have had a lot of orders for dishwashers, industrial product, x-ray machines, ge capital was the weak link, but the rest the order backlog looking good, for the second quarter up 4%, so
that is great news. insiders and investors have yet to see the orders out and get the revenue in. that is a great day for the shareholders. liz: thank you very much, we will see you soon. shares of retail me not soaring today. the first day of trading ever, 32%). joining me now from the newsroom. >> they chose to list on the nasdaq because the exchange guaranteed they had fixed those errors from the botched facebook ipo. it seems tech companies are trying to stay or go private. here's what he said. >> there are good and bad of going public. i was the ce coo, i knew what is getting into. it was public entire time i was
there. we have managed to a quarterly basis. it will be unusual, some of our employees may be caught off guard. this is a good time for us to go, giving us opportunities to do some things and we are really excited. >> lets talk about some of those things you are looking forward to do. mobile is the most important platform going forward. what are your plans for mobile expansion? where are you planning to grow? >> it is an enormous project for us. we print dollars and people to work every day. 20% is on mobile traffic on the web. 40% of the total traffic is coming to us from a mobile device. >> but how to monetize the
traffic. how will he do that? facebook and google have failed to do that successfully. he was confident the discount model makes it easy. >> today we make about a third the amount on mobile as we do on the desktop, but it is growing nicely. the other thing great about our opportunity versus other publishers is if you are in a newspaper and you build an app, how do i put banners and badges in a much smaller screen? the mobile device. here we don't have to worry about advertising like that. the web advertising. the coupons are like ads. it is about to put enough coupons on the page, make them experienced and pleading to the consumers. >> cunningham touched on a global expansion of retail me not. they also have plans to grow in south africa and east asia.
he would not speak about china wherr groupon famously failed a year or two ago. when i brought up the reservations, cotter cunningham smiled and said retail me not has a lot more in store. we will be watching that, but a solid debut on the market for retail me not. cheryl: that has to given after some confidence. thank you so much for that. this week was a huge week in business as earnings season got into full swing and of course the twinkie made it come back. we have it all covered here on "countdown." >> hostess and twinkie are traditional, iconic and historical brands. >> i want you to do a taste test and take a bite of the new one. >> it is good. >> had not eaten one of these since i was four.
>> as long as the fed keeps the money flowing, these banks will do fine for the future. >> the trouble going forward is we don't have credit expansion overall. this is how you expand jobs. >> i am going with carl all the way. you have heard about toxic in a stock. frankly i think they are still in the company from shareholders at this price. >> interest in the luxury segment across the board was the first to recover coming out of '08 and '09. it has been strong ever since. cheryl: and the week is not over yet. where all over it for the rest of the hour. the closing bell will be ringing 17 minutes from now. a rough quarter, but is it just a summer slump?
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the biggest sleeper is slumberge. the seventh straight quarter of profits. and at the top spot, the largest u.s. auto parts maker. controlling 11% this week selling part of electronics business, $700 million deal. in technology, shares of microsoft and google are sinking after both companies reported fairly tough top and bottom line results after the bell yesterday but my next guest says now is the time to buy. orlando is a chief equity market strategist, the firm has 380 billion in assets under management. is this it, the buying opportunity on microsoft? >> not necessarily. microsoft is a somewhat different story because they reported disappointing reports.
if they were to address the leadership issues and think the stock is down 8%, it would be interesting. google is a more interesting story because they missed, most was related to mobile with motorola. most appears to be in pretty good shape. while it got hit in after-hours anin early trading, it recovered some of it over the course of the day. cheryl: so go for the technology sector. what about financials? because of the great week things had, financials could be topping out as a group, best-performing sector of 2012. >> if you look at what financials have done, they have come off the map. they are in terrific shape, as the economy continues to recover over the next couple of years as lending volume picks up and
interest rates stephen, it raises the slope of the yield curve and widens the margins making them more profitable, gives them incentive to loan money. cheryl: you're not right about the implementation of dodd-frank. >> they will get through this as they always do. financial stocks, banks, diversified financials look pretty attractive. cheryl: what about the consumer? staples has been a lovely defensive sector we have all had, but consumer discretionary could be of interest rates go up, the housing market stalls, would it be an area you would want to buy into? >> we made a call in mid april deemphasizing the staples and reemphasize the consumer discretionary, so we have seen interest rates go up, but housing and auto in our view are in a longer-term uptrend.
you can put media stocks in that as well. we think that has a lot of legs. cheryl: a good thing we are seeing more and more money come in, they have been strong now that we have had the first half of the year to evaluate. do you think that continues, any bumps along the road you forecast in the economy? >> that trend has just started. half a trillion dollars have come out of stocks, a trillion and one have gone into bonds. the reason they'r they are staro reverse is because of this bloodbath in treasury. clients are now getting their midyear statement and seeing they are losing money in treasuries. they had no idea they could lose money in treasury. they are saying is there a misprint in my statement? the client says is it over?
they are saying treasury yields are going to 5% over the next couple of years. the client then says to sell me out. it will move and equities will attract some of those funds. cheryl: this could be i guess you could call some bonds, but do you think there is that market for alternative investing? >> there's always a market for alternatives as a diversify her. oil and gold have been hurt earlier in the year, but oil has caught a bit, up 25% the last couple of months. gold found a floor, this up over the last month or two. having commodities like those in your portfolio against even geopolitical risk not to say there's any inflation on the horizon. it is still a concern.
cheryl: thank you so much for coming down especially on a hot summer day. i have some news for you. a sad day on fox business, the director of this program today is his last day and this is his last show that he will be directing with fox business. we love you, mike. you are often amazing, exciting adventure. you're one of the sweetest guys, a fox business original, by the way. again, good luck to you. we will be honoring mike sterling. now we have to go to break. the closing bell rings in six minutes. we will be right back. [ male annncer] surprise -- you're having triplets.
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cheryl: three minutes left in the trading day. it is friday, and of the week. i want to show you the weekly winners. bank of america, united health group, dupont, even boeing, which has been interesting given the hiccups of the 777. still, boeing wenning today. the dow looking pretty positive overall for the week. i am feeling positive because i have david asman with me this hour. david: we may get a positive reading at the end of the day. it is important to know for all the bad things happening for certain stocks like hewlett-packard or microsoft, they are still way up year-over-year. nicole petallides, starting with microsoft because it is a huge
decline. that is a $40 billion loss in capital market in one day. nicole: microsoft, the shareholders are so disappointed. that is about 30 dow points by itself. looks like we might even go positive, certainly if microsoft were not in the index. cheryl: microsoft was a big story, but you also have ibm and intel on the dow as well. intel is talking about tough pc demand. reinventing themselves to a certain extent, ibm and intel with down arrows. david: general electric up almost 5%. nicole: despite the fact ge capital didn't do as well, a
backlog of orders helping them with new highs today. david: everybody sounds happy today. we have kind of a mixed decision as the market settles, again we may get, probably not, but make it into the positive territory. inching in a positive direction. the s&p is up flatlined today. the stocks weighing in on that. the russell 2000 managed to pull out a gain, but ever so slightly. a day that could have been a lot worse, was a lot worse at different parts of the day. "after the bell" starts right now. ♪ david: we do